BIA2 Report: Journalism Shadowed by the Law

The 17-page report looks into 53 legal cases, and the situations of 76 media institutions and 68 journalists. The topics are: "attacks and threats," "detentions and arrests," "trials and attempts," "European Court of Human Rights," "RTUK practices," "regulations and legal proceedings," and "reaction to censorship."

Memik Horuz is currently the only imprisoned journalist. There has been an increase in the number of attacks and legal cases against journalists in the last three months. RTUK, which didn't give Gun TV the permission to broadcast Kurdish programs, suspended more programs from air, compared with past periods. However, it handed out less warning. The ECHR has fined Turkey 113,000 new Turkish liras in damages.

The new Turkish Penal Code, which has augmented the threat of prison sentences for journalists, went into effect in June. Journalists were expecting the Penal Code to abolish prison sentences for members of the media after a new Press Law did so. However, their 10-month long efforts were in vain.

The new Penal Code allows the nine members of the Radio and Television Higher Board (RTUK) to be identified with the political parties represented in the parliament and to be elected by the parliament's general assembly. The articles of the Anti-Terrorism Law that call for a five-year prison sentence for freedom of expression, even peaceful expressions, were not abolished.

Media members still lack unions and social security. Legal attempts to allow foreigners to become media owners or partners in Turkey have ceased for now.

Number of attacks increased, trials and convictions continued

The decline in violence against the media and journalists that was witnessed in the first three months of the year, unfortunately didn't last. The number of attacks rose to seven, from two in the previous period. All except two of the attacks involved state officials. While there were no detentions in the first three months of the year, two reporters of the Dicle News Agency (DHA) were detained.

Four employees of the "Atilim" (Progress) newspaper, who were arrested in 2004, were released pending the outcome of the trial. While three people were arrested in the first three months of the year, no arrests took place during the second quarter.

Memik Horuz, the general manager of the "Isci Koylu" (Laborer Villager) magazine, who was sentenced to 15 years in prison for "membership in an illegal organization," is still in jail. He's been in prison for the last four years. He is currently the only imprisoned journalist.

Seven new cases were brought against journalists in the latest period, while there were eight new trials in the first three months of the year. There are a total of 25 ongoing trials. Four journalists have been convicted.

A court handed "Milliyet" (Republic) newspaper a fine of 7,500 new Turkish liras (USD 5,600) in damages for a caricature. Eraslan Ozkaya, the former head of the Supreme Court of Appeals, had sued the newspaper for its publications on his relations with Alaattin Cakici and Turkey's National Intelligence Organization.

Prime Minister Recep Tayyip Erdogan who had earlier won cases against the "Gunluk Evrensel" (Daily Evrensel) and "Cumhuriyet" (Republic) newspapers for caricatures recently sued Gaziantep's "Zafer" (Victory) newspaper and won the case.

The Prime Minister had also sued Fikret Otyam, a writer of the "Aydinlik" (Enlightenment) magazine, who criticized the government's EU policies in the adultery debate. Erdogan won that case too. Discussions over politicians' intolerance toward the media and humor went on for a long time.

A case against the "Penguen" (Penguin) magazine, which published a caricature under the headline "Tayyip's World" on its front page, is continuing.

Court decisions about article 312 of the old Penal Code on "inciting hatred and enmity" show that the legal scope of freedom of expression is still unclear:

On June 13, an Istanbul heavy penalty court, resisted a lower court's decision on a case about "Milli Gazete" (National Newspaper) reporter Selahattin Aydar. The lower court had overturned a 20-month prison sentence handed to Aydar, ruling "instigation requires a call for violence." However the same court had earlier upheld a similar ruling involving journalist Mehmet Sevket Eygi.

Soldiers are still trying journalists, and are having them tried

The General Staff preserves and puts into use its right to complain about articles that appear in the media. It filed a complaint against Rahmi Yildirim, the writer of the Web site www.sansursuz.com, for an article titled "The qualified one gets the job done." The journalist has been sued for "insulting the state's armed forces."

The Military Supreme Court of Appeals overturned a non-jurisdiction decision by a lower military court in a case in which columnist Abdurrahman Dilipak and three other journalists were charged with "damaging juniority-seniority relations." The Military Supreme Court of Appeals ruled that the issue cannot be evaluated under the scope of article 159 of TCK. The trial will be reviewed.

RTUK's novelties: "3 cases of censorship" and "fine"

The RTUK surprisingly didn't penalize any media organizations during this period for "inciting separatist feelings, hatred and enmity." The radio and television watchdog had suspended 30 programs during the earlier period for this reason.

During this period the RTUK ordered certain TV programs to be suspended for three times, and handed out administrative fines. The channels Moviemax2, Show TV and CNBC-e were handed fines for broadcasting "programs that have a negative effect on children's development." One program on Ankara's Radio Ekin and Channel D was suspended for three times for "exceeding the limits of criticism." Show TV and Channel D were handed the same penalty for broadcasting programs that are inconsistent with the Turkish family structure.

While a total of 11 programs were penalized in the earlier period, 15 programs were penalized in this period. These programs were suspended a total of 25 times.

RTUK suspended those programs on grounds that they "negatively affected the development of children," "were violent," "exceeded the limits of criticism," and "didn't respect people's honor."

The watchdog asked for a total of 29 defense statements, compared with 21 in the earlier period. Warnings issued by RTUK fell to 59 from 86.

Kurdish and Laz Language not allowed on TV

RTUK head Fatih Karaca said the applications of four local television stations from the provinces of Diyarbakir and Batman for Kurdish broadcasts would be finalized by September.

Cemal Dogan, the general manager of Gun (Day) TV in Diyarbakir, who has been awaiting a permission for Kurdish broadcasts for the last one and a half years, said Karaca's statements were geared toward preventing criticism about Kurdish broadcasts in the European Union Progress Report at the end of the year.

The state-owned Turkish Radio Television (TRT) banned Laz musician Birol Topaloglu from singing songs in the Laz dialect on a program he attended. However, TRT broadcasted a concert by Kazim Koyuncu, who has died from cancer. Koyuncu sang songs in Turkish, Greek and Laz dialect during the concert at Yedikule.

TRT has been broadcasting programs in the Bosnian, Kirmanchi, Zaza, Arabic and Circassian languages and dialects for the last year. It has refused broadcasts in the Laz dialect.

ECHR hands Turkey a fine of 113,120 new Turkish liras (USD 84,000)

Lawyer and journalist Huseyin Aygun, who announced he was threatened by the Tunceli Provincial Paramilitary Police Commandership, both at the Tunceli Bar Association and the Elazig branch of the Human Rights Association (IHD), is standing trial in both cities.

The European Court of Human Rights (ECHR) has handed Turkey a fine of 70,700 Euros (113,120 new Turkish liras) in cases about freedom of expression. (EO/BA/EA/YE)